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First Camp Lejeune Trial Ends Without a Ruling as Second Trial Approaches

Published November 4, 2026

The first trial under the Camp Lejeune Justice Act wrapped up on Wednesday, October 28, after three days in federal court in Elizabeth City, North Carolina. U.S. District Judge Terrence Boyle, who is hearing the case without a jury, has not ruled and has not said when he will, according to Public Radio East. A second trial is scheduled to start November 9.

The dispute in the first case

The plaintiff, former Marine Frank Mousser, was stationed at the base from about 1982 to 1986 and was diagnosed with kidney cancer in 2020. Roll Call reports that he is seeking nearly $1.2 million in economic damages, plus non-economic damages. The government contests both causation and the amount. It points to the time he spent away from the base, describes his prognosis as excellent, and notes that he receives VA health care and disability benefits.

A fight over post-trial deadlines

On November 2, the two sides jointly asked Judge Boyle to set a date for their proposed findings of fact and conclusions of law, but they disagree on what that date should be. Mousser's attorneys asked for November 6. The Justice Department asked for December 4, citing the volume of scientific evidence, the lack of an official transcript so far, and its preparation for the next trial. Even after those filings are in, no date has been set for a ruling.

Evidence carries over to the second trial

The second case involves David Fancher, a Marine Corps veteran who also developed kidney cancer after being stationed at the base. Judge Boyle has ruled that testimony and exhibits from the Mousser trial on the contaminated water and its potential health effects can be used in Fancher's case. That should reduce how much scientific testimony has to be repeated, while the parties can still present evidence specific to Fancher's exposure, illness and damages. These are two of four initial test cases.

Settlement target passes without a public deal

The judges overseeing the litigation had asked both sides to make their best efforts toward a global settlement framework by October 30. As of Public Radio East's November 3 report, no agreement had been publicly confirmed. The two sides' competing proposals also remain unresolved: plaintiffs' leadership wants a census of claims across 25 disease categories, while the government wants a Lone Pine order requiring plaintiffs to document exposure, diagnosis and causation early. The court had not ruled on the Lone Pine request as of the October 29 report.

More than 408,000 administrative claims have been filed. As of mid-September, government settlement offers exceeded $1.1 billion and more than $879 million had been paid, according to the same reporting. A ruling for or against Mousser would not bind other claimants, though the government itself has acknowledged in its filing that the outcome may inform other cases.

If you or a family member lived or worked at Camp Lejeune between 1953 and 1987 and later developed cancer or another serious illness, see Atumio's Camp Lejeune case page for a free eligibility review, or start your case review directly.

Sources: This article was written by Atumio based on news reporting and is not legal advice. For more detail, see the original coverage: "Camp Lejeune litigation gains momentum as judge allows evidence from first trial in second case" (Annette Weston, Public Radio East, November 4, 2026); "Justice Department seeks more time for post-trial filings as second Camp Lejeune water contamination trial approaches" (Annette Weston, Public Radio East, November 3, 2026); "First Camp Lejeune Justice Act trial ends as deadline for global settlement framework approaches" (Annette Weston, Public Radio East, published by WFDD, October 29, 2026); "Camp Lejeune saga nears end as government seeks to limit damages" (Mike Magner, Roll Call, October 29, 2026).